Calloway v. California Department of Corrections and Rehabilitation et al
Filing
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FINDINGS and RECOMMENDATION to Dismiss Case for Failure to State a Claim, signed by Magistrate Judge Michael J. Seng on 8/7/17. Objections to F&R Due Within Fourteen Days. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JAMISI JAMES CALLOWAY,
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Plaintiff,
v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,
CASE No. 1:16-cv-01305-DAD-MJS (PC)
FINDINGS AND RECOMMENDATION TO
DISMISS CASE FOR FAILURE TO STATE
A CLAIM
FOURTEEN DAY OBJECTION DEADLINE
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Defendants.
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action filed pursuant to 42 U.S.C. § 1983.
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On January 18, 2017, the Court dismissed Plaintiff’s complaint with thirty days
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leave to amend. (ECF No. 12.) On February 6, 2017, Plaintiff filed a motion for
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reconsideration of the Court’s screening order. (ECF No. 13.) On April 26, 2017, the
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District Judge assigned to the case denied the motion for reconsideration and directed
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Plaintiff to file his amended complaint within thirty days. (ECF No. 14.) On July 24, 2017,
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no amended complaint having been filed, the undersigned Ordered Plaintiff to show
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cause why his case should not be dismissed for failure to obey a Court order and failure
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to state a claim. (ECF No. 15.)
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On August 4, 2017, Plaintiff responded with “objections” to the Order to show
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cause. (ECF No. 16.) It appears Plaintiff wishes to stand on his complaint. See Edwards
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v. Marin Park, Inc., 356 F.3d 1058, 1064-65 (9th Cir. 2004) (plaintiff may elect to forego
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amendment). In light of Plaintiff’s election, the screening order, and the District Judge’s
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review of the complaint on the motion for reconsideration,
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RECOMMENDED that:
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it is HEREBY
Plaintiff’s complaint (ECF No. 1) be dismissed with prejudice and without leave to
amend for failure to state a claim.
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The findings and recommendation are submitted to the United States District
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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within
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thirty (30) days after being served with the findings and recommendation, Plaintiff may
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file written objections with the Court. Such a document should be captioned “Objections
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to Magistrate Judge’s Findings and Recommendation.” Plaintiff is advised that failure to
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file objections within the specified time may result in the waiver of rights on appeal.
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Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923
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F.2d 1391, 1394 (9th Cir. 1991)).
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IT IS SO ORDERED.
Dated:
August 7, 2017
/s/
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Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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